SIXTEENTH CONGRESS OF THE REPUBLIC

OF THE PHILIPPINES
First Regular Session "14 JUN-9 P4:32

SENATE
PS. Res 708

Introduced by Senator Poe

RESOLUTION
DIRECTING THE SENATE COMMITTEE ON PUBLIC ORDER AND
DANGEROUS DRUGS TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION,
ON THE CARNAPPING OF VEHICLES DISGUISED AS TOWING, WITH THE
END IN VIEW OF INSTITUTING A STRICT REGULATORY FRAMEWORK TO
EFFECTIVELY DISMANTLE TOWING SYNDICATES, PUNISH UNSCRUPULOUS,
ERRING AND NON-ACCREDITED FIRMS AND ULTIMATELY PROTECT THE
INTEREST OF MOTOR VEHICLE OWNERS

Whereas, the 1987 Philippine Constitution is known for its strong provisions on
social justice, fair treatment of citizens and rule of law, as manifested in the specific
provisions in Article II (Declaration of Principles and Policies)

• Section 5. The maintenance of peace and order, the protection of life,

liberty, and property, and promotion of the general welfare are essential
for the enjoyment by all the people of the blessings of democracy.
• Section 9. The State shall promote a just and dynamic social order that
will ensure the prosperity and independence of the nation and free the
people from poverty through policies that provide adequate social
services, promote full employment, a rising standard of living, and an
improved quality of life for all.
• Section 10. The State shall promote social justice in all phases of national
development.
• Section 11. The State values the dignity of every human person and
guarantees full respect for human rights;

Whereas, the Metro Manila Council (MMC) issued MMC Ordinance No. 78-03
series of 1978, as amended by MMC Ordinance No. 78-03A series of 1992 and MMDA
Regulation No. 96-003 series of 1996, which authorizes the Metropolitan Manila
Development Authority (MMDA) to tow and impound illegally parked vehicles. On
October 14, 2000, the MMC devolved the authority of impounding illegally parked and
stalled vehicles in Metro Manila to the local government units (LGUs);

Whereas, Section 1 of Memorandum Circular No. 09 series of 2010 issued by the

MMDA requires towing firms operating in Metro Manila, which includes "privately or
government-owned towing vehicles with or without public franchises and those owned
or accredited by motor vehicle repair shop, business establishments, transport groups,
public utility companies and private automobile clubs," to secure accreditation with the
MMDA1;

Whereas, the MMDA accredited 24 towing companies with their towing truck
units and assigned body numbers as of May 23,20142;

Whereas, towing companies are also operating in other LGUs outside the
National Capital Region;

Whereas, in an incident at midnight on June 7, 2014, a towing firm identified as

SMD Towing Services hauled a vehicle parked in SM Mall of Asia in Pasay City without
putting a notice, to the terror of the driver without knowing whether his car was towed
or cm·napped. The custodian in charge of that day refused to identify himself and was
not wearing an identification card, in violation of Section 4.8.1 of the Guidelines on
Towing and Impounding Operations in Metro Manila issued by the MMC3 ;

Whereas, the custodian also failed to present the company's authority from the
local government and the MMDA and the subsequent local ordinance to substantiate its
claim that it has authority to tow and impound vehicles;

Whereas, in a video posted at www.topgear.com.ph. a sport utility vehicle was

being towed in Bonifacio Global City in Taguig and the manner in which the car was
being towed was improper4;

Whereas, a motorist also caught a video of a car being towed on Panay Avenue
in Quezon City wherein four employees of the operator jump and rode the trunk while
the car was being hauled by Goldwin Towing Services';

Whereas, other instances of questionable towing included:

• The clamping and lifting of motor vehicles even with the presence and
against the will of the driver or. owner who is willing to pay for the
violation, contrary to Section 6.2.1 of the Guidelines on Towing and
Impounding Operations in Metro Manila which states that "attended
illegally parked vehicles shall not be towed but the driver shall be
immediately issued a TVR6" or traffic violation receipt;

• Putting a towed vehicle in an impounding area far from the place where
the car was towed, to deliberately increase the rate of a flat P1,500 and
gain more profit (P200 is charged for every succeeding kilometer as
contained in Section 4.a of MMDA Memorandum Circular No. 09 series of
2010);

1 http://www.mmda.gov.ph/MMDAMC/MMDAMC09.html
, http://www.mmda.gov.ph/M M DA-Registered-Towing-Services.pdf
3 http://www .aa ph i Iippin es.org/ userfiles/file/M M DA _Res _02-33. pdf

4 http://www.topgear.com.ph/featu res/ moto ring-ta les/video-th is-is-how-they-tow-a-ra nge-rover-sport -i n-

bon ifacio-global-city
5 http://www.abs-cbnnews.com/video/nation/metro-manila/04/03/14/watch-towing-company-workers-jump-car
'Ibid.
 Whereas, on March 21, 2014, a fire engulfed a private impounding area operated
by Southern Crest Towing Services along Macapagal Avenue in Pasay City, destroying
some 50 vehicles 7;

Whereas, towing companies should exercise utmost care to the property of motor
vehicle owners who pay their hard-earned cash to purchase motor vehicles for personal
or business use;

Whereas, there is an urgent need to call the attention of concerned government

agencies and immediately stop the Gestapo-like and arbitrary enforcement of the
MMDA regulations where hapless victims would just pay the towing firms to avoid
unnecessary delays and hassle;

Whereas, the act clamping, lifting and the subsequent towing and impounding of
a motor vehicle against the will of the owner may constitute a violation of Republic Act
No. 6539 or the Anti-Carnapping Act of 1972 which states that carnapping is the taking,
with intent to gain, of a motor vehicle belonging to another without the latter's consent
61' by means of violence against or intimidation of persons, or by using force upon
things;

Whereas, the public has been repeatedly warned against a modus operandi of
carnappers styling themselves as towing companies over the "mysterious"
disappearance of motor vehicles forcibly clamped by non-accredited operators8;

BE IT RESOLVED, AS IT IS HEREBY RESOLVED, by the Philippine Senate,

that the Senate Committee on Public Order and Dangerous Drugs be directed to
conduct an inquiry, in aid of legislation, on the apparent carnapping of vehicles
disguised as towing, with the end in view of instituting a strict regulatory framework to
effectively dismantle towing syndicates, punish unscrupulous, erring and non-
accredited £inns and ultimately protect the interest of motor vehicle owners;

RESOLVED FURTHER, that the MMDA and the Philippine National Police be
directed to launch a nationwide compliance check on tow truck firms and initiate a
crackdown on fly-by-night operators and criminal syndicates that unlawfully tow and
charge exorbitant fees.

RESOLVED FURTHERMORE, that duly-licensed towing companies be obliged

to present their authority to operate, business permits, proper receipt system,
appropriate and well-lighted place of operations and observe appropriate movement of
motor vehicles.

Adopted,

~(1,~
tGfACEPOE

7 http://www.philstar.com/metro/2014/03/22/1303620/fi re-destroys-SO-i m pou nded-veh icles-pasay

8 http://www.remate.ph/20 11/03/tow-truck-pa nibagong-m odus-ng-ca rn a p-gang/#. U5 P7 K_ mSxOc